The Horse Forum banner
Status
Not open for further replies.
1 - 16 of 16 Posts

·
Registered
Joined
·
192 Posts
Discussion Starter · #1 ·
In a nutshell- I had a pony we rescued which needed too much retraining for to be considered a child-safe pony. I worked with him for 6 months already. I started looking around for another and found someone that would sell me one that was older and bomb proof and pick up our pony to take on as a project to keep and resell. Sounds like a good deal. So they drop off the new pony and take mine late at night. By daylight, I can then see the new pony is far older they I was told (not 16 but more like 20 ish) extremely underweight, she took 5 hours to eat a 1/4 flake. She is not healthy. I did see a video which looked like a sound animal being ridden so I didn't go into it completely site unseen. I am having a vet come up today to eval her. I also signed a contract saying "as is" etc- however, contract or not, this animal was misrepresented by age and health. I did ask if she had any health issues and she is NOT 16. I have all this via text. Does this fall under anything legal such as "misrepresentation of goods" etc that could help me get refunded? If not, just to get them to take her back. I feel very duped and cheated. I gave them a strong, healthy pony, with nicely kept feet and currently teeth float. I am very upset. :evil:
 

·
Registered
Joined
·
1,612 Posts
I can't say for sure, but I think you may be out of luck since you signed a contract that says "as is". That supercedes any texts you may have received. It may be worth it to contact them just to see what they say but I am guessing they will say the trade was fair and won't admit they misrepresented the pony. I am sorry it turned out this way for you.
 

·
Registered
Joined
·
2,269 Posts
I would also think that you are out of luck. You signed a contract for a horse "as is" and from the seller point of view you did not inspect the pony prior to buying/accepting it. The difference in age could easily be dismissed in court as many times horse ages are "approximate". I would see what the vet says and its possible that with a little TLC this pony will be the one you saw in the video. Otherwise, a lesson in why you should always see the horse/pony in person before purchasing.
 

·
Registered
Joined
·
192 Posts
Discussion Starter · #4 ·
They have agreed to take her back in any case. I will be out of the purchase price but I think it is a small loss compared to what I would add up with rehab and vet fees. I can then at least save what I would be paying in board to find something else. Live an learn. I sell exotic cats which I guarantee health etc so I don't see why horse people aren't that way. Really disgusting and discouraging. Tempted to take my other pony back as well so he won't end up like this.
 

·
Registered
Joined
·
192 Posts
Discussion Starter · #5 ·
If anything, I will call animal control on them to make sure their other horse are getting sufficient care and not left to starve like this one.
 

·
Registered
Joined
·
2,723 Posts
I also think you are out of luck and why you should always see a horse before a sale (video only still makes it sight unseen) and preferably get a pre-purchase exam.

As to the age difference on a 16 and 20 year old? That is only 4 years which is not much and it can be very hard to target the age correctly by the teeth at that point. Aging by teeth is not an exact science and the estimated ages by teeth can easily be off by several years in older horses. I was told my own made was 8-9 when I bought her last year. I looked at her teeth and guessed 10 - which was fine, I was looking for something 12 or under. My vet has looked at her and said she has a very hard mouth to age. Some aspects of it make her look as young as 7 while others as old as 11-12. And really - a healthy 20 year old is still great for a kids horse. One of my favorite horses to ride was over 25.

The unhealthy part is the bigger concern. With how long it is taking her to eat, it may be a simpe issue of getting her teeth floated and adding a Senior feed to her diet.
 

·
Registered
Joined
·
192 Posts
Discussion Starter · #7 ·
That is why I am having the vet see her first of all. I just get the feeling that their is something more than just teeth. I wouldn't mind if she is older as long as she isn't going to be a money pit.
 

·
Registered
Joined
·
3,063 Posts
Wow! I can't believe you took a "trade" sight unseen. :shock:

I would never buy any animal without meeting it first for an evaluation. And why wait til night for the trade?

You are lucky they agreed to take her back.
 

·
Registered
Joined
·
1,108 Posts
I have to agree with others - if you signed paperwork accepting "as is", then the deal is done and over with. It would be very time consuming and expensive to drag it into court to try to cancel the deal or claim costs, and chances are you'll get denied anyways since the seller will just pull out their signed contract with the "as is" agreement.

No different than selling a car privately around here - what you accepted at the time of sale is what you get, doesn't matter if you didn't notice that the transmission was about to fall out of it or the windshield was cracked because it was dark out when you looked at it - it's now yours. With a car, a lot of people get a mechanic to check it before agreeing to buy it. With horses, a lot of people get a vet to check the horse before agreeing to buy it.

Hopefully with some TLC she'll come around and be what you had hoped with minimal care and cost, but in the end, she's yours.
 

·
Registered
Joined
·
192 Posts
Discussion Starter · #10 ·
Thanks for the "Wow, how could you do that....I would never...bla bla bla" remarks as it really doesn't help me at all and don't bother to post here.

The vet report is that the pony should be retired, has very little teeth left, and over 25, basically un-ridable.

Yes, I know I was sold a bill of goods and feel awful but I am not taking this lying down. I have used contracts for years and they only hold a certain amount of power. You can't just screw people and think a contract will cover everything- it won't.

I guess at this point I need to seek legal advice and not just enthusiasts.
 

·
Registered
Joined
·
1,108 Posts
Good luck, but the judge will ask you why you decided *after* the sale, and without a vet check, to suddenly change your mind. The seller is on far firmer ground than you from a legal perspective.

If you didn't want the opinions of others, you shouldn't have posted here asking for them. The fact that the opinions aren't in your favor doesn't change reality.
 

·
Registered
Joined
·
7,141 Posts
Thanks for the "Wow, how could you do that....I would never...bla bla bla" remarks as it really doesn't help me at all and don't bother to post here.

The vet report is that the pony should be retired, has very little teeth left, and over 25, basically un-ridable.

Yes, I know I was sold a bill of goods and feel awful but I am not taking this lying down. I have used contracts for years and they only hold a certain amount of power. You can't just screw people and think a contract will cover everything- it won't.

I guess at this point I need to seek legal advice and not just enthusiasts.
First-you are new here, so I will try and be nice. You posted on a PUBLIC forum. You cannot tell people not to post here. Plain and simple. Any thread has the good and the bad. Take some, throw out the rest, and let the stuff you don't like or agree with roll off.

Next, Why legal advice? I thought you said they agreed to take the pony back? Did that change? I also think you may be underestimating some here…..and, honestly insulting them calling us all-as a group-"enthusiasts" like we know nothing. If you really believed that you would not have come here. THere are legal folks here, there are pro trainers here….and yes, we have our share of nut jobs too. Every forum does. But the attitude with which you come across after a very short time certainly does not set you up to succeed here.
 

·
Banned
Joined
·
8 Posts
What a sad situation. Unfortunately from a legal perspective, if you signed a contract saying you are taking her "as is" then it means you looked at the horse prior to signing the contract and you knew what you were getting.

What a dirty seller. They obviously knew what they were doing, because they not only delivered the horse at a time of day with poor lighting so you wouldn't see the true state of the horse, but they worded the contract "as is" meaning that once again, they knew what they were giving you. What a dirty seller. I really hope karma catches up on this one.

I think even if you seek legal advice, you will probably end up spending more money paying for it than what you will ever get back in return.
 

·
Registered
Joined
·
4,863 Posts
Pretty much all private sales are final. Misrepresentation etc is often only valid when you're buying from a business. While you're probably right about everything chances are you can't prove that they knew all of this and then deliberately deceived you. What they did isn't nice or "right" but I don't think they broke any laws.

In the horse world it's always good to be very wary. Everyone is trying to make back the money they've spent. You can occasionally pick up an exceptional deal but more often than not you're likely to overpay. Here a kid safe bombproof pony, even in it's lateish teens, will often go for $2000+ because people will pay for safety. It's rare to find a cheap "good deal" on a kids horse just because they're in demand. Everyone wants them. So if you're looking for a "good deal" - a horse that costs less than the average market value - really test it out. Ride it, handle it, do lots - never trust what the seller says until you experience it yourself.
 

·
Registered
Joined
·
192 Posts
Discussion Starter · #15 ·
My point was people say "Gosh, I would never do that?" really didn't help me any. Thank you to those who tried to be nice and not just say something condescending. We all make mistakes that we learn from, right? Or is it just me?

We agreed to do 1/2 refund and they come pick up the pony- a compromise.

Sadly, the poor thing goes back to someone who didn't treat it with the respect an old pony deserves. She will likely be resold to someone else or kept and rode to death.

When someone is new on a list- no one should feel that they need to be condescending when they are looking for help.

Contracts are good but they need to be stronger than just "as is" as an all encompassing phrase to cover you ***, I am new to horse buying but not new to contracts.
 

·
Registered
Joined
·
5,155 Posts
You live and learn.

Take this as a lesson, and use it as such.

We have far more stringent laws in Germany, contract or not. It protects the buyer more than the seller, and I have seen it happen to a friend who bought a horse. Paid up front before the vet check, signed a scrap piece of paper that said what the horse was (name breed age etc). I had warned her to pay a deposit, but it was her choice.

We verbally agreed with the owner three times that if the horse failed its PPE, it would come back for full refund.

It failed, x-rays were taken and he had an old fracture. Then the previous owner blamed my friend saying it was in the trailer or at our yard. Then her vet looked at the xrays and said it was quite normal for a horse of that age etc etc.

It went to court, and 8 months later she got the full refund of the horse and the vets fees. But stable fees, shoes etc were not covered.

No one is nice when it comes to selling a horse. I just always go in thinking someone has something to hide. Not a nice was to think about it, and I was still caught out with another.
 
1 - 16 of 16 Posts
Status
Not open for further replies.
Top